SHARAD VITHOBAJI GANORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 24/3/2023 passed by the learned Additional Sessions Judge, Nagpur, whereby the learned Judge convicted the appellant for the offence punishable under Sec. 304 Part II of the Indian Penal Code (for short, 'the I.P.C.'). He is sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.5,000.00, in default to suffer further simple imprisonment for 12 months.

(2.) Background facts:

(3.) Sarswatibai, mother-in-law of PW-1, used to reside in back side room of the house. The informant, his wife and children would stay during their visit at the house of Sarswatibai. At the time of this visit, they stayed there for two days. On 3/1/2022 they were about to leave for Nagpur at 8.45 a.m. At that time the appellant came to the room of Sarswatibai. The appellant took Sarswatibai in the courtyard of the house. The deceased also followed them. The two sons of the informant also followed their mother. After some time, his sons came in the house and told the informant that there was a quarrel between the appellant and Sarswatibai. The informant accompanied them. Sarswatibai filled the soil in the pot (kundi). When Sarswatibai was leaving that place, the deceased Ujjwalla questioned the appellant as to why he was ill-treating mother on the instigation of his wife. The appellant got annoyed and told the deceased Ujjwalla not to interfere in their personal affairs. At that time the informant PW-1 was trying to control his mother-in-law Sarswatibai and his wife, deceased Ujjwalla. The quarrel ensued between the appellant and the deceased. The deceased Ujjwalla picked up a piece of brick and pelted it at the appellant. The appellant was enraged when the brick hit him on the face. The appellant picked up a bamboo stick lying in the courtyard and gave a blow on the head of the deceased Ujjwalla. The deceased Ujjwalla fell down. The blood started oozing from her head and she fell unconscious. The informant, his mother-in-law Sarswatibai and the appellant carried deceased Ujjwalla for treatment to the hospital in their village Mohpa. Doctor advised them to take her to Saoner. Accordingly, they took her to the hospital of Dr. Patil at Saoner, where doctor declared her dead. The dead body was carried to Rural Hospital, Saoner. Arpit Bhojne (PW-1) thereafter reported the matter to Kalmeshwar Police Station. On the basis of the report of PW-1 crime bearing No. 0002/2022 was registered against the appellant.